Q: Where do I find a joint petition to remove conservatorship now that my husband is no longer disabled
My husband was declared disabled and since has regained cognitive functions, how do we get him his rights back and end conservatorship
A:
Here are the steps to end a conservatorship in Missouri when your husband has regained capacity:
1. File a Joint Petition for Termination of Conservatorship with the probate court that has jurisdiction over the conservatorship. This requests that the court terminate the conservatorship.
2. The petition should state that your husband is no longer incapacitated or disabled, and can manage his own financial affairs and make decisions. Supporting medical evidence like doctor's letters should be attached.
3. An evidentiary hearing will be scheduled where you and your husband must present evidence he has capacity and no longer needs a conservator. The court will hear testimony.
4. If satisfied, the judge will issue a Court Order Terminating the Conservatorship. This ends the conservator's legal authority and restores your husband's rights.
The probate court clerk can provide the joint petition form. Some courts may have templates online as well. You may also want to hire a probate attorney to assist with filing the paperwork and representing you at the termination hearing.
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